Internationalising the 1984 riots

LONG FESTERING: The renewed focus on the injustice towards the victims even decades later is a testimony to old wounds that do not go away, and which the government should address. File photo: V. Sudershan

The ghosts of the 1984 riots are not going away just yet. Vigorous efforts are under way to resurrect them

This year, on the 29th anniversary of what we in India call the “anti-Sikh riots of 1984,” a little known United States-based human rights advocacy group called the Sikhs for Justice (SFJ) submitted a petition to the United Nations Human Rights Commission (UNHRC) in Geneva, asking for the recognition of the killing of Sikhs after Indira Gandhi’s assassination as “genocide” under Article 2 of the U.N. Convention on Genocide. The event is significant not just because it is a milestone in the organisation’s six-year long effort to resurrect the fading issue of justice for the 1984 riot Sikh victims, but also because of the enthusiasm that the “genocide” campaign has received from Sikhs across the world and in Punjab.

Indeed, the failure of the Indian judicial system to deliver justice for victims of the 1984 riots has reached international forums and is galvanising Sikhs across ideological divides toward this common cause. Although the country’s political leadership might squirm at the unflattering international visibility it has got in recent months, it isn’t doing much except perhaps using its intelligence agencies to hack into the website of the SFJ to prevent it from disseminating its message. This, because there is concern that an organisation like the SFJ which has “a sovereign Sikh state” as its eventual goal, has been able to reach out and co-opt moderate elements within the community for this cause — even those who shrink at the mention of “Khalistan.”

Few remember that in July 2010, the Akal Takht (the supreme temporal seat of Sikhism), acting on material provided by the SFJ, declared that the 1984 riots will henceforth be referred to as “Sikh Genocide” by the community, the media and organisations around the world. The Akal Takht jathedar followed it up by asking all Sikhs to support the SFJ in its effort to get justice for the victims of the 1984 killings.

Petitions abroad

The SFJ spent the better part of the last one year collecting 10 lakh signatures across 18 countries in support of the “Yes, it’s Genocide” petition that it filed under 1503 procedure before the UNHCR on November 1. A few weeks earlier, it had filed a class-action lawsuit under the Alien Tort Claims Act (ATCA) and the Torture Victim Protection Act (TVPA) in a New York court on behalf of two Sikh victims against Congress president Sonia Gandhi for allegedly “shielding and protecting leaders of her party who were allegedly involved in the 1984 killings.” The court issued her summons when she was in New York for medical treatment. A similar suit has been initiated against Prime Minister Manmohan Singh and the Congress party for “preventing the prosecution of leaders like Sajjan Kumar, Jagdish Tytler and Kamal Nath.”

The “genocide” petition, which is expected to come up for hearing before the UNHCR next August, stresses that successive governments in India have deliberately misled the world community into believing that the 1984 killings were “riots” confined to Delhi when there is ample evidence to the contrary. It provides “new evidence” aimed at proving that the killing of Sikhs had spread to 18 States and 100 cities beyond Delhi and that it was a one-sided “state-sponsored massacre.”

Last November, the SFJ and its supporting organisations like the All-India Sikh Students Federation (AISSF) and the Movement Against Atrocities and Repression submitted a similar “Genocide” petition with 45,000 signatures to U.S. President Barack Obama. And, a month later, in December, a “genocide” petition was tabled in Australian Parliament, requesting its government to apply pressure on India to enact “all reasonable measures” to prosecute all those involved in anti-Sikh violence. The flurry of “genocide litigation” also includes petitions against Union Minister Kamal Nath in the U.S. and Belgium, and against Punjab Chief Minister Parkash Singh Badal for protecting police officers guilty of rights abuses against Sikhs in Punjab during the fight against terrorism.

In August, Punjab’s Deputy Chief Minister Sukhbir Badal was forced to call off a proposed visit to Canada after prominent NRI Sikhs warned him that the SFJ was planning to file a case against him in a Canadian court during his visit.

Speaking to The Hindu from New York, Gurpatwant Singh Pannun, legal adviser of the SFJ, says the singular achievement of the group formed in 2007 with a handful of U.S.-based professionals, is the realisation within the Sikh community that the 1984 killings were not a “riot” but a “systematic and organised killing of Sikhs.” “The 2010 declaration by the Akal Takht was the first significant milestone which has given us strength to pursue the cause.” With the AISSF as its partner in India, persuading many key witnesses to depose afresh, the SFJ has also been instrumental in the recent headway made in several cases of the 1984 killings against key Congress leaders.

Reactions in India

So far, political parties in India have been dismissive of the SFJ’s international campaign calling it a “cheap attempt to get publicity” for a cause that does not have any resonance in Punjab today. While it is true that the idea of Khalistan has few takers in Punjab now, few can argue with the campaign for justice that the SFJ is spearheading. It resonates among all shades of Sikhs; even moderate Sikhs are not uncomfortable with the idea of Indian leaders being forced to appear before foreign courts. As H.S. Phoolka, Supreme Court lawyer representing several 1984 victims in the courts, told this correspondent in a recent interview: “To say that the riot victims’ quest for justice becomes less important just because the SFJ is pursuing it is incorrect. The way these leaders have shamelessly protected fellow Congressmen from the law, they should be prepared to face the shame before the outside world.”

Says Mr. Pannun: “The fundamental difference between us and the Sikh terrorists of the 1980s and 1990s is that while they picked up arms to follow the path they believed in, we have picked up law books. The U.N. Convention on civil and political rights is our guiding principle and violence has no place in our mission.”

The SFJ’s strategy to internationalise the Sikh issue has gained visibility, if not results, so far. But the renewed focus on the injustice towards the victims even three decades later is a testimony to old wounds that do not go away.

They just fester and, in this case, are a potent agent for the alienation of the restive Sikhs who had forgotten, if not forgiven, and moved on. In ignoring the “genocide” campaign and not giving it the attention it deserves, the government is only making things worse for itself. Perhaps it thinks that the events of November 1984 that have faded from public memory will vanish sooner rather than later.

This is probably why the ruling Congress disregarded Sikh sentiment and gave a ticket to Jag Parvesh, son of Sajjan Kumar (facing prosecution in several cases pertaining to the 1984 riots) for the Delhi Assembly election. In the 2009 Parliament election, Mr. Sajjan Kumar was denied a party ticket after the Congress faced embarrassment for giving the accused of 1984 Sikh killings the ticket.

The SFJ has countered by declaring that it is filing an amended complaint in the ongoing case against Ms Gandhi in New York, in which it will include her acts of “rewarding those involved in genocidal attacks on Sikhs with political positions” with specific reference to the nomination of Mr. Sajjan Kumar’s son. Contrary to what many in the government and outside may think, the ghosts of 1984 are not going away just yet. If anything, vigorous efforts are under way to resurrect them. But is anybody listening?

The instigators of the genocide of Sikhs in Delhi and elsewhere in1984 have been jostling around for too long. The noose must be tightened on them soon.

from:
subbanarasu Divakaran

Posted on: Dec 4, 2013 at 02:20 IST

The large scale killings of our Sikh brothers and sisters was not confined to to Delhi. The dance of death was seen in the streets of many towns and cities in the then undivided Bihar also. The Hindu can archieve the details regarding the loss of Sikh lives,their properties and livelihood in places like Patna, Ranchi, Jamshedpur, Bokaro, Giridih, to mention a few. So was the case in many other centres of other states where this particular community was made to feel the brunt after the 'big tree' was felled. The adverse comments unending propaganda against Modi for 2002 Godhra riots have persistently overlooked the killings of the Karsevaks in the train, though no one in his proper senses would justify retaliatory and revengeful action causing widespread loss of lives of innocent people. Our media and many human rights organizations readily call the Gujarat riots as state sponsored genocide ,while attempts are made bury the memory 1984 massacre of Sikhs. What double standards!

from:
Shekar

Posted on: Dec 3, 2013 at 20:43 IST

I do not agree with SFJ's objection to son of Sajjan Kumar i.e. Jag Parvesh getting ticket from Congress.
The son of Sajjan Kumar did not take part in riots as he was a child in those days; now depriving him his right to fight elections only because of his lineage is a mideaval thinking. You can not punish a son for his father's alleged wrongdoings. If you do so, how far back will you go into history?

from:
Uday Singh

Posted on: Dec 3, 2013 at 20:10 IST

'The first requisite of civilisation is that of justice.' So said Sigmund Freud.

Anybody and everybody have a natural right to pursue and seek justice. Let justice prevail.

If those who kill the innocent are punished elsewhere in India as per law, why not in New Delhi?

from:
Sanjay Tirdiya

Posted on: Dec 3, 2013 at 18:11 IST

What's weird about all the comments I see is that everyone highlights their own problems, Naved talking about Godhra and Mumbai, Murugan talking about Tamil killings, Kumar and Dutta about Sikh killings... when do we realise that "Crime is always bigger than the victim or accused"
It is this crime that should be devoured and not the physical entities which are mere pawns for crime to exist. It has taken us so long to realise the horrors of acts done by the very people we choose to lead us to a enigmatic India and we have been plunged into a black hole and the funny part is we are still divided when we fall, segmenting ourselves with virtual differences crafted by the same leaders. Wake up and relise that no one but ourselves can break free for we all are chained.

from:
Sushil

Posted on: Dec 3, 2013 at 14:19 IST

Humanity still has not progressed above "us" and "them" and we don't forgive or forget the atrocities of the other side, real or imaginary. 1984 riots are only 28 years old, Jallianwala massacre is 88 years old, and that has not been forgotten.

from:
Tipu Qaimkhani

Posted on: Dec 3, 2013 at 12:43 IST

Sikhs For Justice, has begun its crusade / tirade for obtaining justice for systematic massacre of Sikhs in October-November 1984, for too little and too late. The core issue is its timing. Giani Zail Singh, President of India, himself a Sikh, sworn in Rajiv Gandhi as prime minister the very day his mother Indira Gandhi was shot dead by her Sikh guards. There is not much on record whether he truly admonished the ruling Congress government and instead chose to continued to be head of state as his first priority. However, Mr Manmohan Singh has been PM since 2004 and as a prominent Sikh and hardened bureaucrat he could have found ways to accelerate the process of justice. Only dysfunctional response. The whole world went into overdrive on recent massacre of Tamilians by the Sri Lankan president but same people ignored horrible event and this includes UNHCR.

from:
murugan v

Posted on: Dec 3, 2013 at 12:39 IST

Your concern is genuine but don't you think that Indian media is also responsible for this irresponsible act.Every year Indian media left no stone upturned to highlight Gujarat Riots of 2002. Indian media enjoys conducting media trial even on the matter which are sub judice and for that they are not even competent. They must stop this nonsense and you should take lead roll in this matter.

from:
prakash

Posted on: Dec 3, 2013 at 12:05 IST

I urge "the Hindu" to document all known communal clashes pre and post independence and ask for justice for all victims, irrespective of color, creed, caste, without bias or prejudice. People are people - the perpetrators and their masters must be severely punished with speedy trials. Please don't use the cliched refrain "the law will take its course" and let this issue hang around for years to come! I don't see the same alacrity on the part of the media in the all other cases (including 1984, the pundits et al), except in Gujarat.

from:
p.s.swami

Posted on: Dec 3, 2013 at 11:13 IST

Whatever be the grouse of any community in India, it is absolutely unacceptable for the grouse to be taken outside the country. India has enough laws and an excellent judiciary to handle the legal issues. Apart from that, the lively debates in the media and various think-tanks, which get wide publicity, ensure that gross misconduct and injustice do not go unpunished. Moreover, the US courts are not the guardians of justice in the world. In fact, racism and various forms of discrimination are rampant in the US. The country itself came out of seggregation of a sections of its own citizens, a form of apartheid, only about four decades back. The various sections of the Government there practise racial profiling, a particularly evil form of discrimination, at their ports of entry and exit and it even justifies it while the judiciary has not been able to or unwilling to do anything about it. While much needs o be done in India, it is abominable to take the issue to US courts.

from:
Subramanyam Sridharan

Posted on: Dec 3, 2013 at 10:56 IST

Not only 1984 riots should be internationalized, 1992 massacre in Mumbai and 2002 Gujarat Genocide facilitated by the state government should be internationalized. Local Indian courts are unable and unwilling to deliver justice to the victims.

from:
Naveed Khan

Posted on: Dec 3, 2013 at 09:51 IST

As far as I have read and know the following seems to be true:
(a) the number of people who died is more than 4000
(b) All of those who died were Sikhs
(c) in an extensive riot between communities there will be substantial casualties in both sides
For example in the Gujrat flare up the number of Muslims to Hindus dead were in a ratio of 6:3., there are some what such ratio for other riots.
The fact that in 1984 ALL those killed were Sikhs is a statistical impossibility - if the event was a riot. Such a lopsided ratio of deaths can only happen in a planned program : like the killing of the Jews by the Gestapo.
Hence, I am sorry to say that the events of 1984 was party sponsored.
I wish that atleast for the memory of the poor Sikhs who died, this comment is published by the Hindu.

from:
E.Kumar

Posted on: Dec 3, 2013 at 08:10 IST

Not a single perpetrator was convicted for the killing, raping and looting that went on for three days in Delhi and elsewhere. Need we say more! Where is the 'secular' outrage or is it selective 'outrage' reserved for only selective communities?

from:
Suvojit Dutta

Posted on: Dec 3, 2013 at 07:59 IST

I don't care who the victim is - a sikh,, a muslim, a low caste, a woman, or whoever. If you close your eyes and don't provide proper justice, it's going to come back and haunt you big time. I don't understand why the Congress (or the BJP when it was there) is destroying the country to save a few crooks! This is bigger than the finance-related corruption.

from:
Avanti

Posted on: Dec 3, 2013 at 07:37 IST

India's power structure, including the media, NGOs and activists has made GUJARATH 2002 the BENCHMARK for reporting, analysing and prosecuting communal riots. It is natural that the Sikhs, Kashmiri Pandits and every other group, including Hindus of Tripura and Assam should ask that the SAME STANDARD be applied to ALL communal episodes.
Compare media coverage of 2002 riots with the 1984 riots - all available in archives. Compare the activism of people like Teesta Setalvad and the number of prosecutions and cases in Gujarath with the almost BLANK page from 1984.
"You the power structure have set a standard in 2002, NOW APPLY IT TO 1984, since it is not too late. Eye-witnesses to the pogrom of Delhi's Sikhs are still alive."

from:
Murthy

Posted on: Dec 3, 2013 at 07:26 IST

Yes. Such matters should not be left un noticed culprits left un punished. we must support their struggle

from:
m. sivaraj

Posted on: Dec 3, 2013 at 06:51 IST

If the news papers and the congress govt call the 2002 Gujarat riots as genocide against Muslims this should also be called genocide of Sikhs .
I have vivid memories of burning of Sikh business and the atrocities done against them in coimbatore. Rajiv Gandhi said that { when a banyan tree falls tremors are normal} it was natural. I support the demand of the Sikh organizations. Justice should be done.
Many perpetrators are still free. Justice should be done.

from:
Narayanan

Posted on: Dec 3, 2013 at 06:33 IST

While Modi has been pilloried for the Godhra riots, few seem willing to take on the perpetrators in the Delhi riots that caused the deaths of thousands of Sikhs at the hands of Congress supporters.